Viet Nam

BACKGROUND

History

At the beginning On 29 July 1982 the Council of Ministers (the Government at present) promulgated the Decree No. 125/HDBT to restructure the State Committee of Science and Technology (later on renamed Ministry of Science and Technology) in which the National Office of Inventions was, inter alia, established as a subordinate agency to help the Committee carry out works with a view to developing innovation and industrial property activities in Viet Nam. For this reason, 29 July 1982 has been considered as the foundation day of the National Office of Intellectual Property of Vietnam (NOIP).

Detail...

1981 - 1989 On 29 July 1982, the Council of Ministers promulgated Decree No. 125/HDBT on the reorganization of the State Committee of Science and Technology where the National Office of Inventions was established with the function of assisting the Chairman of the Committee to implement the state management of innovative and inventive activities, and industrial property activities nationwide and ensure the protection of inventions and other types of industrial property rights

1990 - 1995

1996 - 2002

2003 to now

Functions and Tasks

The National Office of Intellectual Property of Vietnam (NOIP) is an Agency under the Ministry of Science and Technology, assuming the functions of exercising the State management and providing services in the field of intellectual property stipulated in the Article 1 and Article 2(6) of Decree No. 54/2003/ND-CP dated 19 May 2003 of the Government providing for functions, duties, competence and organizational structure of the Ministry of Science and Technology, which was modified and amended in Article 1(3) of Decree No. 28/2004/ND-CP dated 16 January 2004 of the Government modifying and amending some provisions of Decree No. 54/2003/ND-CP.

Duties and competence of NOIP are as follows:

Submitting to the Minister of Science and Technology the strategies, master plans for development, long-term and 5-year plans, programs and projects concerning the development of intellectual property system nationwide;
Chairing and coordinating with relevant agencies to draft legal documents, mechanisms and policies concerning intellectual property for the Minister to submit to competent authorities for issuance;
Implementing legal documents, approved and promulgated strategies, master plans, programs, projects concerning intellectual property;
Coordinating with relevant agencies to review documents, regulations issued by other Ministries and agencies to make suggestions to competent authorities on the amendment, termination or cancellation of regulations that are contrary to the intellectual property legislation;
Publishing professional guidelines on intellectual property, building up forms, certificates, protection titles, regulations, standards concerning the establishment of industrial property rights and other intellectual property subject matters in compliance with legislation and submitting to the Minister to issue;
Implementing the procedures for the establishment of industrial property rights according to the legislation;
Implementing the procedures for maintaining, renewing, modifying and assigning industrial property rights in accordance with legislation;
Taking measures to protect legitimate rights of the State within its authority, organizations, individuals in the field of intellectual property; coordinating with concerned agencies, organizations to protect the intellectual property rights and ensure the strict implementations of intellectual property legislation;
Instructing intellectual property professions for administration agencies of other Ministries, localities;
Guiding and supervising agencies, organizations, individuals with regard to the implementation of intellectual property legislation on the Minister’s assignment;
Proposing and submitting to the Minister measures to strengthen creative and innovative activities nationwide; organizing innovative activities on the Minister’s assignment;
Coordinating to implement international cooperation activities; drafting, negotiating, signing and joining intellectual property international treaties, international organizations;
Developing, managing and exploiting intellectual property information databases; ensuring intellectual property information to serve the administration activities, scientific researches and development activities, manufacture and business activities; disclosing information concerning IP rights being protected in Vietnam;
Coordinating with concerned agencies to implement activities of intellectual property dissemination and education;
Organizing the intellectual property training and research activities;
Supervising the professional activities and the implementation of legislation of intellectual property associations, and non-governmental organizations as assigned by the Minister; receiving and resolving requests and making recommendations on measures to handle the violations of intellectual property legislation to enhance intellectual property activities;
Participating in intellectual property dispute settlements; conducting legal appraisals to settle intellectual property disputes within the assigned authority,
Taking management of the personnel, officials, assets, documentation of the Office according to legislation and assignment of the Minister;
Taking other duties as assigned by the Minister.